Mines (Working Facilities And Support) Act 1966 (c. 4)

The court may, subject to and in accordance with this Act, confer any rights described in the Table below. [ F1 TABLE metallic ores, etc. Paragraph 1 of Table. (1) This paragraph applies to any minerals other than F2 . . . peat cut for purposes other than sale. (2) A right to search for or work any minerals to which this paragraph applies may be conferred on any person (exercisable either by himself or through a lessee) . (3) Where the working of any minerals to which this paragraph applies, or the working of any such minerals in the most efficient and economical manner, is impeded by any restrictions, terms or conditions contained in a mining lease, or otherwise binding on the person entitled to work the minerals, a right may be conferred to work the minerals freed wholly or partially from the restrictions or conditions, or to work the minerals on other terms and conditions. ] All minerals other than coal Paragraph 2 of Table. (1) This paragraph applies to any minerals other than coal. (2) Where there is danger of any such minerals being left permanently unworked— (a) by reason of the minerals being comprised in or lying under land which has been copyhold land, or land subject to a lease, exception, reservation, restriction, covenant or condition, or otherwise not being capable of being worked without the concurrence of two or more persons, or (b) by reason of the minerals being owned in such small parcels that they cannot be properly or conveniently worked by themselves, a right to work the minerals may be conferred on a person having an interest in the minerals or, in the case of minerals owned in small parcels, in minerals adjacent to them (exercisable either by himself or through a lessee) . Coal Paragraph 3 of Table. F3 . . . All minerals Paragraph 4 of Table. (1) Subject to sub-paragraph (2) below, where the persons working two adjoining mines have agreed on an adjustment of boundaries between the mines with a view to reducing the amount of minerals to be left unworked between the mines, or to enabling the minerals to be worked more efficiently or more economically, and effect cannot be given to the agreement by reason of the failure or refusal of the lessors of the mines, or the owners of the surface, or any of them, to concur, a right may be conferred on the persons working the mines respectively to work the minerals in accordance with such adjusted boundaries. (2) No order shall be made under this paragraph on the ground of any failure or refusal on the part of the [ F4 Coal Authority ] All minerals: ancillary rights Paragraph 5 of Table. (1) An ancillary right may be conferred on a person having the right to work minerals, who is working or desirous of working the minerals either by himself or through his lessees, if the right is required in order that the minerals may be properly and conveniently worked by him, and the proper and efficient working of the minerals is unduly hampered by his inability or failure to obtain that right. (2) An ancillary right may be conferred on a person on whom a right to work minerals is conferred under this Act at the same time or at any subsequent time Textual Amendments F1 S. 1 Table para.1 substituted by Mines (Working Facilities and Support) Act 1974 (c.36) , s. 1 F2 Words in s. 1 Table para. 1 repealed (31.10.1994) by 1994 c. 21 , ss. 67 , 68(2)(e) , Sch. 9 para. 10(1)(a) , Sch. 11 Pt. II (with ss. 40(7) , 66 ); S.I. 1994/2553 , art. 2 F3 S. 1 Table para. 3 repealed (31.10.1994) by 1994 c. 21 , ss. 67 , 68(2)(e) , Sch. 9 para. 10(1)(b) , Sch. 11 Pt. II (with ss 40(7) , 66 ); S.I. 1994/2553 , art. 2 F4 Words in s. 1 Table para. 4(2) substituted (31.10.1994) by 1994 c. 21 , ss. 67 , 68(2)(d) , Sch. 9 para. 10(1)(c) (with ss. 40(7) , 66 ); S.I. 1994/2553 , art. 2 Modifications etc. (not altering text) C3 S. 1 Table para. 1 extended (31.10.1994) by 1994 c. 21 , ss. 67 , 68(2)(d) , Sch. 9 para. 10(2) (with ss. 40(7) , 66 ); S.I. 1994/2553 , art. 2

(1) In this Act “ ancillary right ” means, in relation to minerals, any facility, right or privilege and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, that expression shall include— (a) a right to let down the surface, (b) a right of air-way, shaft-way or surface or underground wayleave, or other right for the purpose of access to [ F5 or conveyance of minerals or the ] ventilation or drainage of the mines, (c) a right to use and occupy the surface for the erection of washeries, coke ovens, railways, by-product works or brick making or other works, or of dwellings for persons employed in connection with the working of the minerals or with any such works as aforesaid; (d) a right to obtain a supply of water or other substances in connection with the working of minerals; (e) a right to dispose of water or other liquid matter obtained from mines or any by-product works. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 (2) The court in determining whether a right under subsection (1)(a) above should be granted— (a) shall have regard to the value of minerals required for the support of any works or buildings or intended works or buildings on or below the surface as compared with the value of the buildings or works, and as to whether the support of the works or buildings or intended works or buildings is in the national interest more important than the working of those minerals, or (b) if there are no such buildings or works, shall have regard to the extent to which the use of the surface for the purposes for which it is used or is intended to be used will be prejudicially affected by subsidence, and as to whether the support of the surface is in the national interest more important than the working of the minerals required for its support. (3) So far as required in order that coal may be properly and conveniently worked, and where the surface has been used for the erection— (a) of any works for a coal-mining purpose, or (b) of dwellings for persons employed in connection with the working of coal, or in connection with any works within paragraph (a) above or subsection (1)(c) above, the expression “ ancillary right ” shall also include a right to use and occupy the works or dwellings for the purposes for which they were erected. (4) Where a right within subsection (3) above is to be granted on the termination of a lease, and a right to erect or use the works or dwellings was comprised in that lease, the court, in determining whether any compensation or consideration is to be paid or given in respect of the right to be granted by the court and the amount thereof, if any, shall have regard to the fact that the right comprised in the lease was therein comprised and to the amount of any rent reserved by the lease in respect thereof. Textual Amendments F5 Words substituted by virtue of Town and Country Planning (Minerals) Act 1981 (c.36, SIF 123:1) , s. 33(1) and Petroleum Act 1987 (c. 12, SIF 86) , s. 27(a) . F6 S. 2(1A) (inserted by Town and Country Planning (Minerals) Act 1981 (c. 36, SIF 123:1) , s. 33(2) ) repealed by Petroleum Act 1987 (c. 12, SIF 86) , ss. 27 ( b ), 30, Sch. 3